Patane v. Clark’s Empirical Analysis
508 F.3d 106 · 2007
Citation profile
11 federal appellate · 18 district ·
How this case has been cited
Cited by 302 later decisions — most recently September 2023 · most notably Kaytor v. Electric Boat Corp. (2010), Holmes v. Grubman (2009)
11 federal appellate · 18 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Bell Atlantic Corp. v. Twombly · McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Scheuer v. Rhodes · Foman v. Davis
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 302 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a plaintiff must plead facts that would tend to show the complained of conduct: (1) is objectively severe or pervasive— that is, creates an environment that a reasonable person would find hostile or abusive; (2) creates an environment that the plaintiff subjectively perceives as hostile or abusive; and (3) creates such an environment because of the plaintiffs sex.”
15 later decisions quote this exact passage · from the majority“`ha[s] repeatedly cautioned against setting the bar too high' in this context.”
6 later decisions quote this exact passage · from the majority“To state a claim for retaliation in violation of Title VII, a plaintiff must plead facts that would tend to show that: (1) she participated in a protected activity known to the defendant; (2) the defendant took an employment action disadvantaging her; and (3) there exists a causal connection between the protected activity and the adverse action.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.